RAJAN THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is Charge Witness No.6 in SCNo.1115 of 2011 pending on the files of the Special Judge (SPE/CBI), Thiruvananthapuram. The petitioner was initially arrayed as accused and was arrested and released on bail. Later, the petitioner became an approver and was tendered pardon as provided under Section 306 Cr.P.C. Thereupon, the petitioner was included as Charge Witness No.6 in the final report.

(2.) After commencement of trial, the case was posted to 01.07.2019 for examination of the petitioner (CW6). The petitioner being employed abroad, did not appear before the Special Court, resulting in warrant being issued against him. On receiving information regarding issuance of warrant, the petitioner submitted Annexure A2 affidavit through his son, undertaking to appear before the court on the next posting date and the case was posted to 30.04.2020. The petitioner could not appear on 30.04.2020 due to the travel ban imposed by the Government to curb the spread of Covid-19 Pandemic. This resulted in the case being adjourned to 12.06.2020, 9.7.2020 and 20.08.2020. On 20.08.2020, the case was adjourned to 25.09.2020, awaiting production of the petitioner. The petitioner arrived in India on 22.08.2020, under the 'Vande Bharath' mission project of the Government of India. After his arrival, the petitioner underwent the mandatory quarantine for 14 days. In the meanwhile, the case was advanced to 26.08.2020 and warrant repeated against the petitioner. Based on the warrant, the petitioner was taken into custody by the CBI officials on 15.09.2020 and produced before the Special Court on 16.09.2020. Even though an application for bail was moved on 16.09.2020, the Special Court, without passing any order on the application for bail, remanded the petitioner to judicial custody till 25.09.2020.

(3.) Heard Smt.Daisy A Philipose, learned Counsel for the petitioner and Sri.Sasthamangalam S.Ajithkumar, learned Standing Counsel for the CBI.